People v. Van Smith

The deféndant was convicted by a jury in Detroit’s Recorder’s Court of breaking and entering a business place with intent to commit larceny.1. His appeal to the Court of Appeals and to this Court raises the question of the propriety of the trial court’s refusal to instruct the jury on the lesser included offenses of entering without breaking with intent to commit larceny2 3and entering without breaking without permission.®

In its opinion affirming the conviction, the Court of Appeals4 noted the trial court’s error in failing to recognize entry without breaking and entry without permission as…